A debt arises where one party is under a contractual obligation to pay (the debtor) an agreed sum to another (the creditor). Debt claim can arise even where there is no concluded agreement between the parties.
Depending on the parties to the dispute, a debt claim is likely to be governed by the Pre-Action Protocol for Debt Claims. However, if the parties are unable to resolve the dispute through pre-action then the next step is to issue proceedings for recovery of the debt. Often where a debt is not contested or where a debtor has no legitimate basis for disputing the debt and no likely counterclaim, it can often be more cost effective for a creditor to go down the insolvency route.
At Aaryan Solicitors, we understand that these disputes can be complex, very costly and quite chaotic at times therefore using the services of a solicitor who specialises in debt recovery disputes are highly recommended. We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs to mitigate both the stress and the cost for our clients.
Debt recovery disputes are often settled once a Letter of Claim which is also known as Pre-Action Protocol Letter is served therefore it is imperative to get it right from the outset. Our in-depth business experience and debt recovery expertise enables us to identify the legal issues at an early stage and assist in reaching an early resolution.
>We advise clients to seek resolution through Alternative Dispute Resolution (ADR); i.e. arbitration, expert determination or mediation however when that approach is ineffective then we do offer a comprehensive range of debt recovery dispute services through the court litigation process to achieve a desired outcome for our clients.
Whether you are a debtor or creditor, you will want an experienced solicitor in your corner.
At Aaryan Solicitors we offer a comprehensive service to cater for the clients which are as follows:
- Drafting and service of Letter of Claim in compliance with Pre-Action Protocol
- Response by the debtor
- Disclosure of documents
- Taking steps to settle the matter and Alternative Dispute Resolution
- Issuing and serving the claim
- Representation at Court hearings and trial